Costs decision. Judge's expectation that the parties will resolve the issues by ADR.
Costs decision. Judge's expectation that "as commercial parties" his expectation would be that the parties would resolve the issues between them by ADR.
Consideration as to whether a failure to respond to an offer to mediate is, in itself, unreasonable conduct which should lead to cost sanctions. Costs awarded to the successful party on an indemnity basis despite failure to mediate.